MUSLIM EDUCATION SOCIETY KARIMNAGAR Vs. AWAZ BIN MUSALLAM

JUDGEMENT

(1.) This is a plaintiffs' Revision Petition filed against the order dated 23rd November, 1992 passed by the Principal District Munsif, Karimnagar, dismissing I.A.No.1124 of 1992 in O.S.No.1073 of 1992, on his file, which is a petition filed by the plaintiffs under Order 1 Rule 8 CPC for grant of permission to sue the defendants on behalf of petitioner No.1 and on behalf of all the other persons interested in the institution of the suit as required under law for proper adjudication.

(2.) The 1st petitioner herein, beingthe President and petitioner No.2 being the Secretary of Muslim Education Society have filed a suit against the respondents herein for perpetual injunction restraining them from interfering with the plaint schedule land. Now it is the case of the petitioners that there are eight office bearers and 18 members and the suit was filed on behalf of the Muslim Education Society represented by its President and Secretary, who are plaintiffs 1 and 2. It appears that the plaintiffs have not obtained any permission as required under Order 1 Rule 8, CPC when they filed the suit. To cure that defect, the petitioners have come forward with the present petition filed under Order 1 Rule 8 CPC praying to permit them to sue the defendants on behalf of petitioner No.1 and on behalf of all the other persons interested in the institution in a representative capacity.

(3.) The defendants opposed the above petition contending, inter alia, that the petitioners did not file the present petition at the time of filing of the suitor even before the suit was registered, that under Order 1 Rule 8, CPC it is mandatory for the plaintiffs to seek permission of the Court to sue or be sued on behalf of or for the benefit of all persons so interested in the subject matter of the suit, before the institution of the suit only and that the present petition is belated and not maintainable under law.